Mr.Gunasekaran v. Serious Fraud Investigation Office (Sfio)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.01.2026
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 50216 of 2025 Gunasekaran
...Petitioner
Vs.
1.Serious Fraud Investigation Office (SFIO), Corporate Bhawan, Ground Floor No.29, Rajaji Salai, Chennai-600001
2. M/S. Diamond Infra Constructions Pvt Ltd., 978/G 1 Supraja Apartment, 7th Cross Street, Ram Nagar South, Madipakkam, Chennai - 600091
3. C.Sathasivam
...Respondents
Prayer: Writ Petition is filed under Section 226 of the Constitution of India for issue of Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 27.05.2025 and conduct 1/7
an investigation into the affairs and financial transactions of M/s.Diamond Infra Constructions Pvt. Ltd and Mr.Sathasivam under Section 212 of the Companies Act, 2013.
For Petitioner :
Dr. M.Sathya Kumar For Respondent 1:
Mr. V.Chandrasekaran Senior Panel Counsel
O R D E R
This writ petition is filed for the following relief: "directing the respondent to consider the petitioner's representation dated 27.05.2025 and conduct an investigation into the affairs and financial transactions of M/s.Diamond Infra Constructions Pvt. Ltd and Mr.Sathasivam under Section 212 of the Companies Act, 2013."
2. The petitioner is a public-spirited citizen from Kancheepuram, Tamil Nadu. This writ petition is filed against the Serious Fraud 2/7
Investigation Office (SFIO), alleging failure to discharge its statutory duty under Section 212 of the Companies Act, 2013, to investigate large-scale corporate fraud by M/s.Diamond Infra Constructions Pvt. Ltd. and its promoter, Mr.Sathasivam.
3. The case of the petitioner is that he was induced to invest Rs.2 crores under false promises of directorship, with forged documents used to conceal the investment. The petitioner would submit that his associate one Mr.Madhavan, was defrauded of a sum of R.5.43 crores through misappropriated loans.
4. The petitioner would further submit that the fraud extends to public infrastructure, including ADB - funded projects like MPUSIP - Additional Financing for Khurai Integrated Urban Development Project (Packages MPUSIP - 6P(B) and 6P(C)), secured under suspicious circumstances without mandatory bank guarantees, violating ADB Safeguard Policy Statement, 2009, and procurement guidelines. 3/7
5. The petitioner would submit that despite a detailed representation dated 27.05.2025 to the SFIO and complaints to authorities like Madhya Pradesh IUDP, ADB (Manila and New Delhi), Central Crime Branch - Greater Chennai Police, and Commissioner of Police - Greater Chennai Corporation, no action has been taken.
6. The Petitioner alleges offenses under Sections 447, 448, 449, and 451 of the Companies Act, 2013, read with Sections 406, 420, 465, and 468 of the Indian Penal Code and Bharatiya Nyaya Sanhita, 2023, involving multi-State ramifications, shell companies, and cross-border implications.
7. Considering the facts and circumstances of the case and the fact that the petitioner has made his complaint as early as on 27.05.2025 and thereafter a request letter to the Director, SIFO, on 13.06.2025 and the same is yet to be considered, this Court directs the 1st respondent to consider and dispose of the petitioner's representation dated 27.05.2025, after due notice to the 2nd and 3rd respondents and 4/7
affording them a personal hearing. The said exercise shall be completed within a period of 4 months from the date of receipt of a copy of this order.
8. With the above direction, this writ petition is disposed of. No costs.
05.01.2026 Index : Yes/No Internet : Yes/No kan 5/7
To The Serious Fraud Investigation Office (SFIO), Corporate Bhawan, Ground Floor No.29, Rajaji Salai, Chennai-600001 6/7
P.T. ASHA, J kan 05.01.2026 7/7